A Doctor’s View on Medical Malpractice Caps

A doctor whose wife was tragically disfigured in an operating room fire has issued a press release and – incredibly – a television ad protesting North Carolina Senate Bill 33, which limits the caps on pain and suffering regardless of whether they resulted in disfigurement, mutilation, loss of limb, paralysis, pain, suffering, blindness or death.

In the ad, the doctor explains how his wife had gone in for a simple, outpatient procedure when a fire broke out in the operating room, causing severe disfigurement.

The crux of the doctor’s contention: “No one can put a ‘cap’ on my wife’s pain and disfigurement—so how can the legislature put a cap on what it’s worth? … Why do you think it’s fairer for legislators to decide, rather than juries?”

The proposed North Carolina cap is draconian, criminally capping damages or disfigurement, mutilation, loss of limb, paralysis, pain, suffering and death at $250,000.